360
THE TREATY BETWEEN CHINA AND JAPAN.
THE HONGKONG WEEKLY PRESS AND
| May 15, 1895.
of Commerce and Navigation shall have been | room. The doctor says he will not be able to
leave his room certainly for three days. ratified,
9. All prisoners in the hands of the Japanese are to be released, and China agrees not to punish them or any Chinese who may have sided with or aided the Japanese.
The Shanghai Merry publishes the follow ing translation of the treaty between China and Japan, in the form it possessed before its modi- Some of the characters in the latter half of fication with respect to the cession of territory this clause have been left out.-Trauslator. | in Manchuria. It will be observed that in the 10.After the exchange of the ratifications section relating to commercial intercourse no of this Treaty, peace is to exist between the con- special mention is made of the opening of portstracting Powers, who are to be at amity. on the West River :-
1.-Independence of Korea-Korea shall not be required to pay tribute to China, all claims to tribute on behalf of China being abolished. China agrees to recognise absolutely the complete autonomy and independence of Korea.
2-Cersion of Territory--China agrees to surrender to Japan, in perpetuity, the following territory. as well as the arms, ammunition, fortifications, and all works or factories of a public nature contained therein; that is to say :- (a.) That territory in Fengtien south of a line running up the Yala river to the mouth of the Anping river, thence to Fenghwang-cheng; thence to Hai-cheng, and thence to Yingkow, and thence following the course of the river to the sea. The middle of the rivers to constitute
the boundaries between the two countries.
(b)-The whole of Formosa.
(c.) The Pescadores Islands.
3.-Delimitation of Frontier-The contract-
ing countries are each within a year to appoint two commissioners to demarcate the frontier in the south of Fengtien.
4-Indemnity. China agrees to pay to Japan an indemnity of Tis. 200,000,000 within seven years; the first instalment, Tls. 50,000,000, to be paid six months after the exchange of the ratifications of this Treaty; the second instal. ment, of the same amount, shall be paid in one year; the balance to be paid in six instalments within six years. If the whole be paid within three years no interest is to be charged.
3. Transfer of Domicile.-The inhabitants of the surrendered territory are to be allowed two years after the exchange of ratifications in which to transfer their domicile from within the same. Those who do not thus transfer their domioile within the time named shall be considered vèrients owing allegiance to Japan. Two months after the exchange of the ratifications of this Treaty each country will send a high official to Formosa to hand over and take delivery of that island respectively.
6.--Commercial Intercourse. After the ex change of the ratifications of this Treaty China shall without delay appoint a Plenipotentiary to discuss with Japan regulations of trade and negotiate the terms on which commercial inter- course along the frontier shall be conducted. Japan shall be at liberty to appoint Consuls to reside at each of the following places --Ching- chow and Shashih, in Hupei; Chungking, in Ssech'uan; Soochow, in Kiangsu; and Hang- chow, in Chekiaug.
Japan shall further be at liberty to convey merchandise and passengers along the following routes(1) from lobang, in Hupei, along the Yangtsze to Chungking, in Szuch'uan; (2) from Bhanghai, along the Soochow Creek and the Grand Canal, to Soochow and Hangehow.
Japan shall be at liberty to purchase mer- chandise in China and temporarily lease godowns for the storage of the same, sucb merchandise to be exempt from the payment of all dues and exactions of any kind whatsoever.
Japanese subjects shall be at liberty to carry on any kind of manufacture at the ports open to trade, whether in the city itself or the district in which it is situated. They further have the right to import any machinery what- soever on payment of the import duty only, Any privileges which manufactures produced by subjects of Japan in the interior of China may possess are hereby abrogated, and such manufactures are placed on exactly the same footing as goods imported by Japanese subjects. 7.After the exchange of the ratifications of this Treaty the Japanese troops are to be with drawn. Buch withdrawal, however, is to take place gradually.
11. This Treaty must, after signature, be ratified by the Emperors of the two countries, and when this shall have been done Plenipoten- tiaries on either side are to be sent to Chefoo to exchange such ratifications there on the 14th day of the 4th moon, Kwang Hsu 21st year (8th May, 1895).
THE AMENDED TREATY.
Shanghai, 8th May. The followin intelligence has been received from reliable sources concerning the giving up of Manchuria by Japan. It was at first pro- posed by this Power to retain Port Arthur including Kinchow and Talienwan, the dividing line being at the narrow neck of the peninsula which separates the sub-prefecture of Kinchow from that of Fahchow. But to this Russia, backed by France, also declined to accede, with the result that this portion of their conquered territory has also been given up by Japan, As for Formosa it is asserted in Peking that France has promised to take that island under her protection against all comers, but what
truth there is for this statement it is difficult to
•
Mr. Ellis-I would ask your lordship, if my friend proposes to adjourn this case, that it might be adjourned until this afternoon for Dr. Cantlie to state on oath when it is probable that Mr. Saville Smith will be well enough to attend. Of course Mr. Farmer makes his state- ment bona fide, but he is not a medical man, and it is impossible for him to say whether Mr. Saville Smith is well enough to attend, and I ask your lordship toadjourn the case, if it is to be adjourned at all, until this afternoon to enable Dr. Cantlie to attend.
Mr. Dennys-Strictly speaking, there is no doubt I am bound-I am rather surprised at Mr. Ellis's views after I have shown him that cer- tificate.
Mr. Ellis-I am perfectly satisfied with Dr. Cantlie's certificate so far as it goes, to say that Mr. Smith-
His Lordship-Will you be satisfied if Dr.. Cantlie gives a certificate stating how long it will be before Mr. Smith will be able to attend F.
Mr. Ellis-I will be quite satisfied with that... Mr. Dennys-I do not think that Dr. Cantlie will be found in his office just at this moment. saw him going up to the Peak. I did not know at the time-
His Lordship-You can see Dr. Cautlie. I will adjourn the case until Saturday morning, and if Mr. Saville Smith is not well enough then, I will adjourn the case still further.
Mr. Ellis-I ask your Lordship to order the costs of the day to be paid by the defendant. I would point ont
His Lordship-I reserve that point until I deal with the whole question.
Mr. Dennys - I would ask your Lordship to consider that I am obliging my friend in bring- ing this case on to-day. The writ is returnable to-morrow (Friday), and in consenting to go on to-day I was obliging my friend, and 1 think it is very bad taste for him now to object to the adjournment.
say. The ratification of the treaty was due to the urgent advice of both Sir Robert Hart and the British Minister Mr. O'Conor. The Em peror was advised to keep faith and carry out the provisions of the treaty, and thus gain the sympathy of the world at large, and leave Russia and Japan to fight it out amongst themselves; whilst од the other hand
His Lordship-I will reserve that question. Russia, France, Germany, and some of the other Powers were strenuous in their efforts at Peking allow that question to stand over.
Mr. Ellis-I would ask your Lordship not to It is not to get the Emperor of China to refuse to ratify merely my attendance here, but all my witnessed the treaty. In lieu of Manchuria Japan now demands four hundred million yen in satisfac- have been subpoenaed, and there will be a tion of all demands China gives up control of further expense in issuing a fresh subpisu. It the south bank of the Hailangchiang, which
is the defendant's misfortune certainly, and not will give Russia a free country right straight through the fault of my client that the case has to Port Lazareff. addition to this there to be adjourned. The case has certainly been is the cession of a portion of outer Mon-fixed before the returnable day, yet it is a mat ter which has been arranged, and through golis, wear Kuldja, by which considerable ex- pense and time will be saved in the construction my friend having arranged it additional costs will be incurred through his not being of the Trans-Siberian railway as against the able to fulfil his arrangement. Witnesses original plans through Russian territory. Mr. Ito, the Japanese Plenipoten iary, carries with have been subpoenaed for to-day, and if my client has to be put to further expense it will be him the amended treaty to Chefoo, ani was ex-
a great hardship upon him. pected to arrive at that port last night, where the Chinese bearers of the ratified treaty, the Taotais Wa bud Lun, have already arrived, and have put up at the Kuang jen-t'ang official r st- ing house.-N. C. Daily News.
SUPREME COURT.
Sth May.
IN SUMMARY JURISDICTION. BEFORE HIS HONOUR MR. T. SERCOMBE SMITH (ACTING PUISNE JUDGE).
HARDY V. SAVILLE SMITH. An action was brought by Mr. F. B. Hardy against Mr. Saville Smith, of the Hawthorne Company, to recover $1.000 damages for mali- cious arrest, and Rs. 1,552.7 money paid on ac- oount of the defendant and money lent.
Mr. E. C Ellis (from Mr. V. H. Deacon's office) represented the plaintiff, and Mr. H. L. Dennys appeared for the defendant,
Mr. Dennys-I regret to say that although we had fully intended going on with this case this morning, the defendant cannot appear. saw my client yesterday afternoon, and he told me he would be well enough to attend. I have just received from Mr. Farmer, of the Victoria Hotel, a certificate by Dr. Cantlie stating that Mr. Smith is very ill and has had an attack of 8. Should, after the ratification of this Treaty, blood spitting during the night, which will pre- China not pay the indemnity in full, the Japa-vent him from attending. I think Mr. Farmer nese troops are not to be withdrawn unless China knows personally that Mr. Smith is very ill. I be willing to hand over the Maritime Customs as
understand from Mr. Farmer that Mr. Smith a guarantee of the payment. Provided that no
was delirious last night at twelve o'clock, and withdrawal is to take place until after the Treaty this morning he is utterly unable to leave his
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His Lordship-I will adjourn the case until Saturday morning at 10,15, and see whether the defendant will be able to attend theo. If Dr. Cantlie says before then that the defendant will not be able to attend, I should like to know, in order that I might fix another case for Saturday. Mr. Dennys-The case will be heard on Satur- day then unless Dr. Cantlie states that the defendant cannot appear P
Mr. Ellis-1 cannot be satisfied with a corti. ficate which is dated perhaps to-day which says the defendant will not be able to attend on Ss. turday.
His Lordship-It is no good bringing all parties to the Court unless it is necessary.
Mr. Ellis-I only want Dr. Cantlie to visit the defendant on Saturday morning and then state whether he is able to attend.
His Lordship-I have no doubt Dr. Cantlie will do that.
11th May.
The action brought by Mr. Frank Brett Hardy, advance agent of the Grace Hawthorne Company, to recover $1,000 damages from Mr. Saville Smith, proprietor of the Company, for malicious arrest on 1st inst. came on for hearing. -
Mr. E. C. Ellis (from Mr. V. H. Deacon's office represented the plaintiff, and Mr. (J. D. Dennys appeared for the defendant.
Mr. Dennys said that there were two suits, the present one, No. 493, and another, No. 494. The question of the legality of the arrest would be more or less affected by what took place in suit 194, and he thought it would be much more satisfactory if that suit were disposed of first,